Cuevas, Garcia & Torres, P.A.
contact Our Firm Today

Students ineligible for in-state tuition under parents' visas

A pair of siblings have encountered a serious roadblock to their educational goals in the state of Florida. At ages 20 and 18, the East Manatee students were preparing to begin their college studies at Valencia Community College with plans to transfer to the University of Central Florida. Under their parents' E-2 visas, they are eligible for in-state tuition if they can prove residency, but at age 21, they must transition to their own F-1 student visas. Under F-1 visas, the students become ineligible for in-state tuition.

The E-2 family visas are non-immigrant visas that are typically used by those coming to the United States with plans to start businesses or make other investments. The temporary status does not have a time restriction, meaning that many people using this type of visa remain for long periods. Dependents may not get jobs when their parents have E-2 status. One attorney noted that the challenge facing this family is common for those in the country under E-2 visas. Although the family contributes to the state economy and education system by paying taxes and living in the area, they do not qualify indefinitely for in-state benefits.

The family notes that the situation seems unfair in light of recent state legislation allowing illegal immigrants eligibility for in-state tuition. However, one immigration attorney noted that the F-1 status does not carry the risk of deportation that illegal immigrants face. Additionally, the family could have applied for citizenship early enough to ensure that these dependents did not face this challenge.

Families who are unsure of their long-term plans when immigrating to the United States may find it helpful to meet with an immigration lawyer to discuss the implications of a long-term stay. If education in the country may be an interest for dependents, it may be beneficial to seek citizenship as early as possible.

Source: Bradenton Herald, "East Manatee students, Florida residents for 10 years on parents' visa, can't qualify for full in-state tuition ", Sabrina Rocco, June 29, 2014

No Comments

Leave a comment
Comment Information
The Florida Bar | 1950 American Bar Association DADE County Bar Association | 1916 Orange County Bar Association Coral Gables Bar Association American Immigration Lawyer Association

Contact Us Today. Call 877-801-4135 or complete this form to schedule a consultation with our legal experts.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Offices Conveniently Located in Miami And Orlando
Google+ Facebook

Miami Dadeland Office
7300 North Kendall Drive
Suite 680
Miami, FL 33156

Toll Free: 877-801-4135
Phone: 305-461-9500
Fax: 305-448-7300
Map & Directions

Midtown Miami Office
3401 North Miami Avenue
Suite 209
Miami, FL 33127

Toll Free: 877-801-4135
Phone: 305-461-9500
Fax: 305-448-7300
Map & Directions

Orlando Office
801 North Magnolia Avenue
Suite 221
Orlando, FL 32803

Toll Free: 877-801-4135
Fax: 786-362-7127
Map & Directions

Email This Office